Proclamation No. 1024/ 2017
INTERNATIONAL AGREEMENTS MAKING AND RATIFICATION PROCEDURE PROCLAMATION
WHEREAS, the Government of the Federal Democratic Republic of Ethiopia concludes International Agreements with other governments;
WHEREAS, all International Agreements concluded by the Government shall promote the interests of Ethiopia pursuant to Article 86(3) of the Constitution of the Federal Democratic Republic of Ethiopia;
WHEREAS, it is necessary to harmonize the procedure for negotiation, conclusion ratification, suspension and termination of international agreements with the Constitution of the Federal Democratic Republic of Ethiopia and other relevant laws;
WHEREAS, the Federal Government has the power to negotiate and ratify international agreements by virtue of Article 51(8) of the Constitution of the Federal Democratic Republic of Ethiopia;
THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia; it is hereby proclaimed as follows:
1. Short Title
This Proclamation may be cited as the “International Agreements Making and Ratification Procedure Proclamation No.1024/ 2017”.
In this Proclamation:
1/ "accession" means an act whereby consent is given to have an international agreement which has already entered into force apply on Ethiopia;
2/ “declaration” means a statement made upon the signature or ratification of an international agreement to indicate the modality of implementation of certain provisions of an international agreement;
3/ "full power" means a written authorization issued by the Prime Minister of the Federal Democratic Republic of Ethiopia designating a person or persons to negotiate or sign an international agreement or undertake an act related to an international agreement on behalf of Ethiopia;
4/ “Government” means the Government of the Federal Democratic Republic of Ethiopia;
5/ “government organ” means an organ of the Government authorized by law to negotiate and conclude international agreements;
6/ “instrument of ratification” means a letter signed by the Prime Minister of the Federal Democratic Republic of Ethiopia and sent to the other contracting party or the depository of the agreement to convey the ratification of an international agreement by the House of Peoples’ Representatives;
7/ "International Agreement" means a bilateral or multilateral agreement governed by international law and signed between Ethiopia and another state or three or more states, or an agreement concluded between Ethiopia and one or more international organization;
8/ "international organization" means an organization established by an international agreement comprising states as members;
9/ "Minister" or "Ministry" means the Minister and the Ministry of Foreign Affairs of the Federal Democratic Republic of Ethiopia; respectively.
10/ "ratification" means a decision by the House of Peoples' Representatives to make Ethiopia bound by an international agreement signed by the Government;
11/ “Regional State” means any Regional States referred to under Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and includes Addis Ababa and Dire Dawa city Administrations;
12/ "reservation" means a statement made upon the signature or ratification of an international agreement to exclude or modify the legal effect of certain provisions of the agreement on Ethiopia;
13/ "signature" means an act of initiating on an international agreement document by the Prime Minister or the Minister of the Foreign Affairs or a representative of the Government who is granted full power, expressing Ethiopia’s consent to become a party to an international agreement;
14/ "suspension” means the decision of the House of Peoples’ Representatives to halt the implementation of an international agreement for a definite or indefinite period of time;
15/ “termination" means decision of the House of Peoples’ Representatives to withdraw Ethiopia’s membership to an international agreement;
16/ any expression to the musculin gender includes the feminine.
3. Scope of Application
This Proclamation shall be applicable on any negotiation, signature, ratification, accession, amendment, suspension, and termination of international agreements by Ethiopia.
INTERNATIONALAL AGREEMENT MAKING PROCESS
4. Negotiation Procedure of International Agreements
1/ Any government organ that initiates negotiation of an international agreement shall consult the Ministry and concerned organs and submit an explanatory note on the obligations and benefits the agreement would entail on Ethiopia and get approval from the Office of the Council of Ministers.
2/ The Federal Attorney General shall be consulted if the international agreement will require the enactment of a new law or amendment of an existing legislation.
3/ The Ministry shall send the draft international agreement approved by the Office of the Council of Ministers pursuant to sub-article 1 of this Article to the other contracting party.
4/ The provisions of this Article shall not be applicable on international agreements negotiated and signed or initialed before the entry in to force of this Proclamation.
5. Role of Regional States
1/ The Government may authorize a senior government official of a regional state to sign an international agreement that implements a ratified international agreement.
2/ The concerned Regional State shall be consulted before the signing of an international agreement the implementation of which requires administrative support of the regional state.
6. Power to Negotiate and Sign International Agreements
1/ The Prime Minister and the Minister shall have the power to negotiate and sign any international agreement on behalf of the Federal Democratic Republic of Ethiopia.
2/ Other government officials shall negotiate and sign international agreements,when only issued full power inaccordance to this Proclamation.
3/ Without prejudice to sub-article (2) of this Article, international agreements signed in attendance of the Prime Minister may be signed without full powers.
7. Issuance of Full Powers
1/ The Ministry shall prepare full powers and submit to the Prime Minister for signature.
2/ A Request for issuance of full powers shall incorporate copy of the
agreement, the place and date of signature, the full name and position of the
individual to be designated, and the approval given pursuant to Article 4 (1) of
8. International Agreements ready for signature
1/ The Ministry shall make draft international agreements ready for signature after making sure that they promote the interests of the country and are in conformity with international laws and practices.
2/ Signature of international agreements in Amharic shall be determined by a Regulation to be issued by the Council of Ministers.
9. International Aid, Loan and Avoidance of Double Taxation Agreements
1/ The procedure stipulated under Articles 4, 6(2) and 8 of this Proclamation shall not be applicable to aid, loan and avoidance of double taxation agreements signed by the Ministry of Finance and Economic Cooperation.
2/ Without prejudice to sub-article (1) of this Article, the Ministry of Finance and Economic Cooperation shall ensure that loan and aid agreements signed by the Government promote Ethiopia’s interest, are accordant with the laws and policies of Ethiopia, and are in conformity with international laws and practices.
RATIFICATION, AMENDMENT, TERMINATION, SUSPENSION AND FOLLOW UP OF IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
10. Ratification of International Agreements
1/ For ratification of the international agreement, the government organ that negotiated the agreement shall submit to the Council of Ministers a copy of the agreement and explanation of the provisions of the agreement prepared in Amharic, and brief explanatory note and draft ratification proclamation.
2/ Explanatory note of an international agreement submitted to the Council of Ministers shall incorporate the comments of the Ministry and other relevant stakeholders, information on the content of the agreement, the obligations it imposes, and the benefits it accrues to Ethiopia.
3/ The Council of Ministers shall forward a copy of the agreement, explanation of the provisions of the agreement, the brief explanatory note of the agreement and ratification proclamation of the international agreement it approves to the House of Peoples' Representatives for ratification.
4/ The procedure for ratification prescribed under this Article shall apply to accession to an international agreement.
11. Ratification Proclamation
1/ The House of Peoples' Representatives shall promulgate a ratification proclamation for an international agreement it ratifies.
2/ The House of Peoples’ Representatives may decide to publish the provisions of the international agreements with the ratification proclamation.
3/ The ratification proclamation shall designate the implementing government organ.
4/ The ratification proclamation shall incorporate a provision that indicates the reservations or declarations made to the agreement.
12. Instrument of Ratification
1/ The Prime Minister shall sign instruments of ratification.
2/ The Ministry shall exchange and deposit instruments of ratification.
3/ The instrument of ratification shall incorporate the reservations and declarations entered on the international agreement.
13. Implementation and follow-up of International Agreements
1/ The government organ designated to implement the agreement pursuant to Article 11(3) of this Proclamation shall take appropriate measures to implement the international agreement.
2/ The Ministry shall in cooperation with the concerned government organs follow- up the implementation of international agreements.
3/ The Ministry shall in cooperation with the concerned government organs submit a biannual report on the implementation of international agreements based on the schedule the Council sets.
4/ The Ministry of Finance and Economic Cooperation shall submit a biannual report to the Council of Ministers on the implementation of international agreements it signed pursuant to the authorization given to it by law based on the schedule the Council sets.
14. Amendment of International Agreements
1/ The procedure for negotiation and ratification of international agreements under this Proclamation shall apply to amendments of ratified international agreements.
2/ Errors that do not substantively change the agreement shall be corrected in consultation with the Ministry in accordance with the procedure stipulated under the agreement or in a manner to be agreed upon with the other party.
15. Termination and Suspension of International Agreements
1/ The implementing government organ shall, submit to the Council of Ministers for decision the proposal for termination or suspension of an international agreement prepared in consultation and concurrence with the Ministry and other relevant organs of the government or dissenting opinion, if any.
2/ The Council of Ministers shall submit the proposal submitted to it pursuant to sub-article (1) of this Article for the approval of the House of People’s Representatives if it deems the proposed measure is necessary.
3/ The Council of Ministers may provisionally suspend an international agreement where it deems that the proposal submitted to it pursuant to sub-article (1) of this Article requires an urgent action.
4/ Decison of the Council of Ministers made pursuant to sub-article 3 of this Article shall be presented to the House of Peoples‘ Represenatives within seven working days if the House is in session and immediately after it resumes work if the House is not in session.
5/ The Ministry shall make sure provisional suspension, suspension or termination of an international agreement is carried out following the applicable international laws.
16. Notification of Suspension or Termination of an International Agreement
1/ Decision of the House of Peoples’ Representatives to suspend or terminate an international agreement shall be promulgated on the Federal Negarit Gazette.
2/ The Ministry shall notify the provisional suspension, suspension or termination of an international agreement to the other contracting party or the depository immediately after it received the decision or within the time frame provided under the agreement.
17. Register, Ensure and Deposit of International Agreements
1/ The Ministry shall register and deposit the original or authentic copies of international agreements signed by Ethiopia and international agreements to which the Federal Democratic Republic of Ethiopia is a depository.
2/ Government organs shall deposit with the Ministry the original texts of the international agreements they signed.
3/ Without prejudice to sub-article (1) and (2) of this Article the Ministry of Finance and Economic Cooperation shall register and deposit loan and aid agreements it signed.
4/ The Ministry shall notify the concerned government organs the ratified international agreements.
18. Other Documents
The procedure for negotiations, signature and ratification of international agreements prescribed under this proclamation; maynot be applicable on agreements that only express interest to cooperate, ungoverned by international law, not entail legal obligation and documents which are prepared in consultation with the Ministry and approved by the Prime Minister.
19. Repealed and Inapplicable Laws
1/ The Treaty Making Procedures Proclamation No.25/1988 is hereby repealed.
2/ No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation may be applicable with respect to matters covered under this Proclamation.
20. Power to Issue Regulations and Directives
1/ The Council of Ministers may issue regulations necessary for the implementation of this Proclamation,
2/ The Ministry may issue directives for the implementation of this Proclamation and regulations issued pursuant to sub-article (1) of this Article.
21. Transitory Provision
International agreements which came into force before the entry into force of this Proclamation shall remain valid.
22. Effective Date
This Proclamation shall enter into force on the date of its publication on the Federal Negarit Gazette.
Done at Addis Ababa, this 7th day of July, 2017
Mulatu Teshome (Dr.)
President of the Federal Democratic Republic of Ethiopia